Q: How do I get an easement lifted the city of Morristown is the owner of it. Would I need an lawyer?
I bought a house in 2015. It was supposed to have a nice front and back yard. There is around 40 to 50 feet in front of the house which is big enough. Just completed a survey to find out that 40 feet of the front yard is an easement for the city. Which leaves about 2 feet of land in front of the house for my front yard. The city has not done anything on this property for several years, maybe never. How can I get this property added to my lot so i can put up a fence? Also the city expects me to take care of this land or I could be cited for not keeping it clean and mowed. They have an 80 feet easement on the whole road.
A: You cannot get the Easement of a City "lifted". You could try to convince the City Commission and Mayor to give you a Quit-Claim Deed, but it would be futile. The land is yours subject to the Easement, so you can put up a fence, etc. But when the City wants to work on a sewer or power line, they can and will run over your fences. This is why you perform a title search prior to any real property purchases. It is possible a building permit will be required prior to any construction there, fence or whatever. If you block the Easement off for over twenty years, you might be able to get a Declaratory Judgment quieting title.
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